Neutral Citation No. - 2025:AHC:28177-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3934 of 2025 Petitioner :- Mustakeem Kuraishi @ Shanu And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahesh Prasad Yadav,Sanjay Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Sanjay Kumar, learned counsel for the petitioners and Shri Rahul Asthana, learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 09.01.2025, registered as Case Crime No. 08/25, under Sections 191(2), 74, 76, 115(2), 352, 351(2), 333 of BNS and under Section 7/8 POCSO Act, Police Station Trans Yamuna, District Agra and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 3. Although prayer for quashing of FIR has been made but without insisting on the same only submission is that all alleged offences are punishable with imprisonment upto seven years, therefore the police authorities are bound to follow the procedure laid down under Section 35 B.N.S.S. The petitioners have been wrongly implicated and could not be arrested. Reliance has been placed on the judgement of Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 and Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others in Writ Petition (Civil) No. 73 of 2015 with Criminal Appeal No. 1265 of 2017, Writ Petition (Criminal) No. 156 of 2017, Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2022) 10 SCC 51 and co-ordinate Division Bench of this Court in Vimal Kumar & 3 others Vs. State of U.P. & 3 others in 2021 (2) ACR 1147. 4. We have gone through the impugned first information report and without interfering in the same, we are of the opinion that the guidelines framed by the Apex Court in the above noted judgement are equally applicable to the facts of the instant case. 5. Accordingly, the instant petition also stands disposed of in terms of the judgements as noted above. Order Date :- 28.2.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad